Update 2.9 (Churnwalker) Notes: New Items & Crystal Rework

Update 2.9 (Churnwalker) Notes: New Items & Crystal Rework

Trugo

|

Oct 11, 2017

In Update 2.9, become the terrifying Churnwalker. Experience two new items in a reworked crystal gameplay experience. Test the boundaries of survivability with teamfight-extending health, armor & shield buffs. Reap the benefits of a clearer vision system. It’s a packed update with plenty to chew on. Keep reading for all the details. …

NEW HERO: CHURNWALKER

Churnwalker is a disruptor who throws multiple skillshot hooks, chaining victims to him. This playmaking captain has some of the highest damage and self-healing capabilities in the game … if you can tap into his full potential.

Churnwalker is unlockable with ICE only for the first seven days. Afterward, you will be able to unlock him with ICE or Glory.

HERO ABILITIES

FUTILITY OF LIFE (HEROIC PERK)

– Whenever chained victims take damage from any source, Churnwalker regenerates a percentage of that damage as health.
– Whenever any chained victim takes damage, a percentage of that damage is conferred on all other chained victims.

HOOK & CHAIN (A)

Churnwalker throws a skillshot hook that chains victims to him and damages heroes over time. Hitting a hook resets this ability’s cooldown.

TORMENT (B)

TRESPASS (ULTIMATE)

Churnwalker channels churn power for a short time, then travels to the target location, stunning all chained victims and breaking all chains. Churnwalker can only target a location near a chained victim. Leveling this ability increases its stun duration and lowers its cooldown.

HERO TALENTS

CHURN TANK (RARE)

Futility of Life (Perk) has significantly increased healing but decreased damage share.

CLOUD OF TORMENT (EPIC)

Activating Torment (B) releases a powerful Churn Cloud that damages enemies over time, making Churnwalker a dangerous threat at close range. Cooldown increased.

GRAPPLING HOOK (LEGENDARY)

Churnwalker’s Hook & Chain (A) gains a grappling hook. This ability has dramatically increased range and can grapple to targets, pulling Churnwalker to the hooked location.

CRYSTAL TREE REWORK:
DISTINCT ITEM IDENTITIES & MORE DIVERSITY

“Welcome to the crystal tree rework! There were two large goals we wanted to hit with this project: First, we wanted to create clear item identities — items should be distinct from each other and be clear what kind of playstyle they support, which makes it clear for opponents facing these items, as well. Second, we wanted to create more meaningful decisions when purchasing crystal items; it should never be about building the same items over and over again every game.

“With these changes, players should be able to piece together a completed crystal build that best complements their style, their hero and their team composition, as well as effectively counterbuilding against how their opponents are playing.” —Sonata

CLOCKWORK

“The old Clockwork had a mismatched item identity and lacked meaningful decision-making. The new Clockwork brands itself as the premier cooldown reduction item for mages and can be purchased early game for an aggressive power spike or late game to complement other crystal items. It’s a great purchase for players who want to deal consistent damage or poke.” —Sonata

Total cost: 2500

Recipe: Void Battery and Chronograph

+60 crystal power

+35% cooldown speed

+250 max energy

+7.5 energy regen

Passive: Upon damaging an enemy hero with an ability, reduce all cooldowns by 7.5%. This can only occur once every 2 seconds.

FROSTBURN

“The old Frostburn provided unreliable slows, so it wasn’t clear when you should opt into it or when it was available. The new Frostburn provides a hero with reliable slows at the cost of damage potential, and it is great for players who want to opt into a kite or dueling-oriented playstyle, or players who want to support their team through providing an additional source of slow.” —Sonata

BROKEN MYTH

“With the addition of Dragon’s Eye, Broken Myth lost its passive but hones in on its shield-piercing properties. Broken Myth is now defined as the go-to item for players who want to punch a hole in enemies with heavy amounts of shield.” —Sonata

Total cost: 2700

Recipe: Heavy Prism and Piercing Shard

+80 crystal power

Shieldbreaker: +30% shield pierce

NEW ITEMS!

DRAGON’S EYE

“The old Broken Myth passive amplified crystal damage and had a longer time until stack decay, which made it only desired by crystal carries and made fighting against poke more oppressive. As the descendent of the old Broken Myth passive, Dragon’s Eye is a great buy for players who want to go in and stay in, including supports! The dance of keeping stacks up also emphasizes skillful play from those who want to kite.” —Sonata

Total cost: 3000

Recipe: Heavy Prism and Eclipse Prism

+85 crystal power

Passive: Gain 20 crystal power for each second you are damaging enemy heroes. After 2.5s, lose 3 stacks per second. 9 stacks max.

SPELLFIRE

“Spellfire is an item meant to complement players who want to opt into a more poke- and disengage-oriented playstyle. At the cost of max damage potential, this item allows players to deal more damage in multiple segmented skirmishes instead of burst or prolonged engagements.” —Sonata

WALLPAPERS

The moon bunnies can’t decide: is Lyra a Queen, an Empress or a Goddess? Either way, the ruler of the moon lives there all alone. She needs a friend to help her celebrate the Autumn Festival. Read more about ‘Moon Queen,’ ‘Moon Empress’ and ‘Moon Goddess’ Lyra below!

AVAILABILITY (ALL THREE SKINS)

Oct. 11 at 5PM PDT: Direct purchase for 900 ICE (limited-time only)

Release of Update 2.10: Available for 150 Opals each (skins become Opals only)

MODEL CHANGES

Each ‘Moon’ Lyra skin has a brand-new look, including distinctive antlers!

TEAMFIGHT HEALTH UPDATE:
PUSH IT TO THE LIMIT

“In conjunction with the crystal tree rework, the teamfight health update is meant to clearly differentiate burst damage, sustained damage, poke, etc., across all heroes. These changes should give you more opportunities to stretch your hero’s limits, while making defensive choices more meaningful.” —Sonata

See heroes and items affected by these changes in the balance sections below.

VISION CHANGES:
GAME-CHANGING CLARITY

“We’re making changes to our in-game visibility systems to improve the look and feel of combat in Vainglory. Hero vision range has been significantly increased to enhance visual clarity and reduce the need for Flares in stand-off skirmishes where stealthed heroes are not present. Landing a blind skillshot on an enemy in brush or otherwise out of your line-of-sight will now grant you vision of the target, and vice versa, preventing any instances of invisible damage from occurring. We hope these new interactions will allow players to create more moments of opportunistic gameplay when using their abilities in creative manners.” —s4v0r

VISION RADIUS

Hero vision radius increased by 50%

UNIT REVEALER

BASIC ATTACKS

Will reveal the attacker to the defender for 2.2 seconds.

Will not reveal the defender.

ABILITY DAMAGE

Will reveal the attacker and defender for 1.5 seconds.

Will reveal jungle minions, including Kraken

Will not reveal lane minions or summons

Lingering damage-over-time effects will not reveal

Example: Skaarf’s initial Spitfire impact damage will reveal, but the burn will not.

STEALTH

The new revealer doesnot impede stealth.

Example: Before Update 2.9, some attack or ability debuffs would apply an over-the-head “revealed” state to enemies, making them fully visible. This is no longer the case with any of the new unit reveals.

DAMAGE TYPE CONSISTENCY & LANE-MINION DAMAGE NORMALIZATION

DAMAGE TYPE CONSISTENCY

“There were a few instances of abilities being considered other types of damage. This has now been remedied and effects that trigger on ability damage will now function properly in the following cases.” —Zekent

See heroes affected by these changes in the balance change section below.

LANE-MINION DAMAGE NORMALIZATION

“There are many abilities that deal less damage to lane minions, preventing the hero from clearing minion waves too quickly. The damage reduction was not consistent; however, and some abilities had unique calculations to determine how much damage the lane minions would receive. We’re simplifying this by making the aforementioned abilities deal 50% less damage to lane minions and, in some cases, to structures and bosses as well. The only exception is Baron’s Rocket Launcher (perk), which will still deal 80% less damage to minions.” —Doomnyr

See heroes affected by these changes in the balance change section below.

ADDITIONAL META CHANGES

EXPERIENCE SHARE

Two heroes: Increased from 75/65% to 85/75%

Three heroes: Increased from 51/47/47% to 60/50/50%

LIFESTEAL

Weapon lifesteal and crystal lifesteal have been unified to simply lifesteal, which affects both types of damage unless otherwise specified.

PIERCING

Piercing will no longer be as effective as it was in previous updates. Armor and shield on items and heroes has been adjusted to compensate for this change. —Zekent

Piercing now ignores a percentage of defenses on a target instead of having a percentage of damage bypass it completely.

KRAKEN

Kraken base health decreased 20%

Captured Kraken base health increased 25%

Capturing the Kraken no longer stops minions from spawning

MELEE LANE MINION

Attack range increased from 1.0 to 1.2

BLITZ CHANGES

JUNGLE SENTRY

Now, sentries are very dangerous, especially if you try to solo them as a glass-cannon. But if you’re a jungler or a team, they are much safer to take.

Sentries now have higher defense & damage when you first start attacking, but their stats decay at the rate of 1 stack per second over 15 seconds while in combat. Stacks are recovered at the rate of 1 stack per 3 seconds.

15 stacks max

25% defense boost per stack

6% offense boost per stack

Decay 1 stack per 1.0 seconds when being attacked

Regains 1 stack per 3 seconds when not being attacked

MIDDLE SENTRY

Max health and armor decreased by 10%

TURRETS

Max health and armor decreased by 10%

ENERGY RECHARGE

Global energy recharge bonus increased from 20% to 25%

CHROMEBOOK KEYBOARD & MOUSE SUPPORT

Experience Vainglory’s powerful E.V.I.L. game engine using touch, stylus or mouse & keyboard controls on any Chromebook with Android 7.1.1 or higher.

Optimized for keyboard & mouse play on Android operating systems

Uses QWER ability keys & numeric item activations

HERO BALANCE

ADAGIO

“Both of Adagio’s paths have been having a hard time in recent patches. These changes will bring a little love to both of them.” —Nivmett

STATS

Attack speed raised from 100-116% to 100-122%

Adagio’s health changed to 685-2308; armor and shield to 20-50

GIFT OF FIRE

Healing ratio increased from 10% to 12%

Now deals an additional tick of damage on application

Adagio’s Gift of Fire’s first tick is now considered ability damage

VERSE OF JUDGMENT

Fortified health increased from 100-175-250 to 125-225-325

ALPHA

“Alpha has been out of competitive play for quite some time. These tuneups will help her get to where she needs to be.” —Nivmett

STATS

Health changed to 761-2493; armor and shield to 20-60

INFINITE REBOOT

Reboot health increased from 325-1800 to 400-2250

Energy to reboot health ratio increased from 50% to 65%

Energy recharge to reboot health ratio increased from 15% to 20%

PRIME DIRECTIVE

Cooldown decreased from 12-11-10-9-8 to 11-10-9-8-7

Damage to lane minions decreased from 65% to 50%

CORE CHARGE

Self damage decreased from 2.5% to 2%

Heal per stack increased from 5-6-7-8-10 to 9-10-11-12-14

Lifesteal weapon ratio increased from 2% to 3%

Bonus Damage per stack increased from 10-10-10-10-15% to 12-12-12-12-18%

LYRA

“Crystal Lyra was the intended path for Lyra when she was released; these changes should make crystal builds more feasible. The remaining modifications coincide with her previous damage and health updates.” —Nivmett

STATS

Range increased from 5.1 to 5.6

Lyra’s health changed to 674-2153; armor and shield to 20-50

PRINCIPLE ARCANUM

Crystal ratio increased on light attack from 40% to 50%

Crystal ratio increased on heavy attack from 60% to 70%

IMPERIAL SIGIL

Heal per second increased from 40-60-80-100-140 to 40-65-90-115-165

Health ratio increased from 12% to 13%

ARCANE PASSAGE

Bonus attack range decreased from 1.0-1.5-2.0 to 0.5-1.0-1.5

OZO

“Our previous changes to health and damage hurt Ozo as a hero who relied on healing as a main part of his playstyle. Equalizing that while maintaining the power of his perk should give him a boost.” —Nivmett

PHINN

Now deals 50% to lane minions instead of 160-220-280-340-400 damage per level

REIM

“Reim has been an amazing counter pick for a long time. These tunedowns will help make him killable at melee range.”
—Nivmett

STATS

Health changed to 746-2499; armor and shield to 20-60

FROSTGUARD

Fortified health generation decreased from 25% to 18%

WINTER SPIRE

Crystal ratio decreased from 140% to 130%

First and second hits now deals 50% to lane minions, instead of 90-105-120-135-165 damage per level

CHILL WINDS

Now deals 50% to lane minions instead of 80-95-110-125-140 damage per level

REZA

“Reza has been out for just a few updates. We want people to really utilize his ult to its full potential.” —Nivmett

STATS

Health changed to 718-2306; armor and shield to 20-60

SCORCHER

Damage to lane minions decreased from 65% to 50%

TROUBLEMAKER

Charge time decreased from 17-16-15-14-12 to 15-14-13-12-10

Now considered ability damage

NETHERFORM DETONATOR

The damage of this ability will still trigger even if Reza is stunned as he is landing

Fixed a bug where the duration of Reza’s transformation was a bit shorter than intended when he landed after casting this ability

Fortified health increased from 120-180-240 to 120-220-320

Duration increased from 4-5-6 to 6-7-8

RINGO

“This change ensures Ringo has a clear form of crystal damage instead of randomly adding crystal damage when he builds blue.” —Nivmett

STATS

Health changed to 673-2077; armor and shield to 20-50

TWIRLING SILVER

Now deals 5 base bonus crystal damage

RONA

“Rona hasn’t been feeling very tanky, especially at earlier levels. These health updates should reward her aggressive playstyle.” —Nivmett

STATS

Health changed to 778-2563; armor and shield to 20-60

INTO THE FRAY

Fortified health per target increased from 30-45-60-75-105 to 30-50-70-90-130

Impact and Rupture damage now deals 50% to lane minions, respectively, instead of 20-35-50-65-110 and 40-70-100-130-220 damage per level

RED MIST

Fortified health generated per second increased from 40-70-100 to 60-100-140

SAMUEL

“Samuel has a decent amount of healing that is core to his survivability; we tuned up his healing to ensure he maintains this.” —Nivmett

STATS

Health changed to 652-2040; armor and shield to 20-50

CORRUPTED GENIUS

Heal increased from 50-160 to 50-200

Energy restored increased from 50-160 to 50-200

DRIFTING DARK

Heal per target increased from 2-4-6-8-10 to 4-6-8-10-12

Heal per target crystal ratio increased from 10% to 12%

Deals 50% to lane minions instead of 20-35-50-65-80 damage per level

SAW

“SAW has had a tough rep for a long time. We are giving SAW players some love by making his ult more usable with weapon — and even better when crystal! In addition, SAW had particularly low weapon scaling that we decided to tune up to bring him more in line with other weapon carries late game.” —Nivmett

STATS

Weapon power increased from 50-87 to 50-127

Health changed to 683-2078; armor and shield to 20-60

ROADIE RUN

Execute damage decreased from 20-25-30-35-45% to 15-20-25-30-40%

Now considered ability damage

MAD CANNON

Execute damage decreased from 15-15-15% to 12-12-12%

SKAARF

“With the global increase to health, Skaarf’s percent life damage burned a lot more damage with his opponents than desired.” —Nivmett

STATS

Health changed to 638-1992; armor and shield to 20-50

SPITFIRE

Now deals 50% to lane minions instead of 75-125-175-225-325 damage per level

FAN THE FLAMES

Max health damage decreased from 3% to 2%

Crystal ratio decreased from 3% to 2%

SKYE

“While the previous change to Skye had the desired effect, it was a little more ‘feast or famine’ than preferred. This change should equalize her normal vs lock-on damage a bit better.” —Nivmett

STATS

Health changed to 668-2060; armor and shield to 20-50

FORWARD BARRAGE

Crystal ratio increased from 120% to 160%

Lock-on ratio decreased from 35% to 20%

Damage to structures and bosses increased from 40% to 50%

SURI STRIKE

Now considered ability damage

Now deals 50% to lane minions instead of 90-120-150-180-210 damage per level

TAKA

“Taka’s healing is core to his skirmishing playstyle, allowing him to recover before reengaging on his enemies. These changes will equalize with the changes to health we have made.” —Nivmett

STATS

Health changed to 702-2287; armor and shield to 20-60

KAKU

Heal increased from 25-40-55-70-100 to 25-50-75-100-125

Crystal ratio increased from 25% to 30%

VOX

STATS

Health changed to 667-2054; armor and shield to 20-50

ADDITIONAL ITEM CHANGES:
NAMED PASSIVES

“We have unified a few stats and passives that were on multiple items to instead become named passives. These will take the highest value of the passive that is currently equipped and have it override all other instances of that passive.” —Zekent

“In addition, we have tuned sources of healing and pierce in the item tree to compensate with the healing/damage changes, as well as the changes to pierce damage calculations. We are also making teamfights more easily readable.” —Nivmett

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VI. USER CONTENT

A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings.

You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant Super Evil from the time of uploading or transmission of the Content through any channel, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant Super Evil as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to Super Evil and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to Super Evil as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Super Evil and Super Evil will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.

B. Consent to Monitoring. Super Evil does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Super Evil does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Super Evil has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Super Evil also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this Agreement or any other agreement; (iii) to protect the legal rights and remedies of Super Evil; (iv) where someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Super Evil and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.

C. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Super Evil. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Super Evil neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Super Evil. Super Evil is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Super Evil be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. Super Evil reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.

VII. UPDATES AND MODIFICATIONS

A. Agreement. Super Evil reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If at any time you do not agree with any portion of the then-current version of a particular Super Evil policy, including but not limited to this Agreement, you must immediately stop using the Properties.

B. The Properties. In an effort to improve the Properties, you agree that Super Evil may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, including purchased or unlockable content, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not Super Evil, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.

VIII. LINKS

The Site may contain links to websites operated by other parties. Super Evil provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Super Evil, and Super Evil is not responsible for the content available on the other sites. Such links do not imply endorsement by Super Evil of information or material on any other site, and Super Evil disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Super Evil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Super Evil’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Super Evil; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Super Evil reserves the right to revoke its consent to the link at any time and in its sole discretion.

IX. FEES

Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Super Evil. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Super Evil may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Super Evil may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Super Evil, your Account may be closed without warning or notice at the sole discretion of Super Evil.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Super Evil user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Super Evil Copyright Agent with the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

B. A description of the copyrighted work that you claim has been infringed;

C. The URL of the location on the Super Evil Site containing the material that you claim is infringing;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Super Evil’s Copyright Agent can be reached by mail at: Super Evil Mega Corp, 400 1st Avenue, San Mateo, CA 94401, ATTN: Copyright Agent; or by email at: support@superevilmegacorp.com. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Super Evil may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

XI. WARRANTY DISCLAIMER

THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPER EVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SUPER EVIL DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XII. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPER EVIL FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT. Super Evil reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Super Evil in asserting any available defenses.

XIII. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Super Evil BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Super Evil KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Super Evil BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Super Evil FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Super Evil shall be limited to the fullest extent permitted by applicable law.

XIV. EQUITABLE REMEDIES

You hereby acknowledge and agree that Super Evil would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Super Evil shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW

A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Super Evil agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). Super Evil will send its notice to the address it has on file to the extent that you have provided additional contact information to Super Evil (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, Super Evil will send its notice to the email address associated with your Account. You will send your notice to Super Evil Mega Corp 400 1st Avenue, San Mateo, CA 94401, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

B. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Super Evil may elect to have the Claim (except as otherwise provided in Section XV.F) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV.B and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV.B will control and prevail.

Except as otherwise set forth in Section XV.F, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Super Evil will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Super Evil may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Super Evil ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

C. Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Super Evil will pay all arbitration fees and expenses.

D. Location. The arbitration will take place in your hometown area if you so notify Super Evil in your notice of arbitration or within ten (10) days following receipt of Super Evil’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Mateo, California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

E. Limitations. You and Super Evil agree that any arbitration shall be limited to the Claim between Super Evil and you individually. YOU AND Super Evil AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

F. Exceptions to Negotiations and Arbitration. You and Super Evil agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Super Evil’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.

G. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.

H. Severability. You and Super Evil agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor Super Evil will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

XVI. TERMINATION

This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Super Evil may terminate this Agreement at any time for any reason or for no reason. Termination by Super Evil will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Super Evil at support@superevilmegacorp.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

XVII. MISCELLANEOUS

A. Assignment. Super Evil may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Super Evil’s prior written consent, and any unauthorized assignment by you shall be null and void.

B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Super Evil for any other reason, please contact Super Evil support at support@superevilmegacorp.com, or visit the “support” tab on the Site.

C. Entire Agreement. This Agreement represents the complete agreement between you and Super Evil concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Super Evil.

D. Force Majeure. Super Evil shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Super Evil, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Super Evil’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

E. Location. The Site and the Game are operated by Super Evil in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls.

F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Super Evil as a result of this Agreement or your use of the Site or the Game.

G. No Waiver. Super Evil’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Super Evil of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Super Evil Mega Corp at 400 1st Avenue, San Mateo, CA 94401.

I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT SELECTING THE “ACCEPT” BUTTON BELOW AND/OR YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Privacy Policy

Privacy Policy

I. INTRODUCTION

Super Evil Mega Corp, Inc., a Delaware corporation, (“Super Evil”) is committed to respecting the privacy rights of the customers, visitors, and other users of Super Evil’s free-to-play computer game, Vainglory (the “Game”) and its related websites, including http://www.vainglorygame.com, and http://www.superevilmegacorp.com (collectively, the “Site”) and our mobile application. We created this Privacy Policy (this “Policy”) to give you, the user, confidence as you visit and use the Site or the Game, and to demonstrate our commitment to fair information practices and the protection of privacy. By visiting the Site or using the Game, you consent to our collection, use, storage, deletion and disclosure of information relating to you as set forth in this Policy. This Policy is only applicable to the Site and the Game, and not to any other third-party websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

For the purpose of applicable data protection legislation, the data controller of your personal data is Super Evil Megacorp Inc. of 400 1st Ave, San Mateo, CA, 94001, USA. Our EU Representative can be contacted by email at superevilmegacorp@dpr.eu.com or you can contact them by mailing them at one of the following addresses. Please make sure to address your letters to the DPR Group and not Super Evil Megacorp.

Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or Game or otherwise to us.

If you send or disclose any sensitive personal data to us when you submit user-generated content to the Site or Game, you consent to our processing and use of such sensitive personal data in accordance with this policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user generated content to the Site or the Game.

B. EU-U.S. Privacy Shield

Super Evil participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Super Evil is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s https://www.privacyshield.gov/list.

Super Evil is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Super Evil complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Super Evil is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.dpr.eu.com/superevilmegacorp.

Under certain conditions, more fully described on the https://www.privacyshield.gov/welcome, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

III. INFORMATION COLLECTION AND USE PRACTICES

A. What Basic Information Does Super Evil Collect?

We typically collect personal information that you provide to us on a voluntary basis, and you may visit areas on the Site without choosing to do so. However, in order to use certain parts of the Site and/or log-on to play the Game, you will be required to create an account by providing us your email address and selecting a unique username and password (an “Account”). In the course of maintaining your Account, you might also be asked to participate in online surveys about the Game, or in other Game-related promotional contests, participation in which is entirely voluntary. You might also desire to contact our customer support team via the “Support” tab found on the Site. In participating in such promotional activities or in contacting customer support, you might be requested to provide additional information beyond your email address, including your name, full address and phone number. In operating the Site or otherwise offering the Game, we might also request other information from you, including hardware specs, software performance metrics, game experience, and other demographic information that might be associated with your personal information, such as your gender, hobbies, occupation, platform preferences, and other game ownership information.

When you download and use our Services, we automatically collect information on the type of operating system, device you use.

We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Please note that in utilizing certain areas of the Site (e.g. purchasing merchandise) or the Game (e.g. purchasing in-game currency), you will be requested to provide additional information in order to complete a purchase, such as your name, full address, phone number, internet protocol address (for fraud tracking purposes) and Our shopping cart is hosted by our e-commerce solutions provider. They host our ordering system, and collect your billing information directly from you for the purpose of processing your order. This company does not use this information for any other purpose. Please see Section V below regarding how third parties working on behalf of Super Evil use your personal information.

In the event that you choose to create an Account and play the Game, we also collect certain information regarding your in-Game performance and/or interactions with other users (e.g., wins / losses, recent heroes played, average number of kills / deaths etc.). These statistics are associated with your in-Game name and are publicly accessible by members of the Super Evil community. In addition, we may share your in-Game statistics with third parties in accordance with the terms and conditions set forth in this Policy. To be clear, no personal information about you, such as your email address, IP address, or other sensitive information, will be shared as a part of this process.

B. What Additional Information Does Super Evil Collect?

(1) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and internet protocol (IP) addresses (the number assigned to computers on the Internet). In addition, your web browser or Game software may transmit to Super Evil certain geographic information or other information regarding your computer, including its capabilities, hardware specs and game data processing. No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(2) COOKIES. The Site or Game uses Analytics and Performance Cookies. These cookies are used to collect information about traffic to the Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Site, the websites that referred them to the Site, the pages they visited on the Site, what time of day they visited the Site, whether they have visited the Site before, and other similar information. We use this information to help operate the Site more efficiently, to gather broad demographic information and to monitor the level of activity on the Site.

We use the Conversion Tracking Pixel service of Facebook, Inc. This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remains anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/.

Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside of Facebook. In addition, a cookie will be saved onto your computer for these purposes.

Only users over 13 years of age may give their permission. If you are younger than this age, please consult your legal guardians.

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site or Game. If you created a profile, you will have been asked to check a tick box indicating your agreement to provide this data in order to play the Game. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this policy, please do not use the Site or Game.

D. What Does Super Evil Do With Collected Information?

(1) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us, to comply with the law or as otherwise described in this Policy. We may use your personal information to verify your identity or to check your qualifications, to inform you of any changes to the Site or Game, or to send you additional information about Super Evil. We may also use your information to contact you should we believe that you are in violation of the Terms of Use Agreement (“Terms of Use”). If you do not want us to share your personal information with these companies, you may contact us at: privacy@superevilmegacorp.com.

(2) COMPELLED DISCLOSURES OF PERSONAL INFORMATION. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with requirements of the law or comply with legal process served on Super Evil (b) protect and defend the rights or property of Super Evil or the users of the Site or Game, or (c) act under unusual, extraordinary or emergency circumstances to protect the safety of the public or users of the Site or Game.

(3) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Site or otherwise collected in connection with the Game. If Super Evil or substantially all of its assets are acquired, customer information and personal information will be one of the assets transferred to the acquirer. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.

(4) ACCESS TO INFORMATION. At any time you may request access to the information that we have from you, or request that we remove all information about you from our database by contacting us in accordance with Section VII.A below.

(5) Your data, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Site or Game, you agree to this transfer, storing or processing. As noted in Section II of this Privacy Policy we are a participant in the EU-U.S. Privacy Shield and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.

(6) We will only retain your personal data until you request to close your account unless a longer retention period is required or permitted by law (for example, for regulatory purposes).

(7) We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

E. Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 16 years of age. The Site and the Game are not intended for children under the age of 16. We understand and are committed to respecting the sensitive nature of children’s privacy online, and as such do not knowingly collect any personal information from any user under age 16. If we learn or have reason to suspect that a Site or Game user is under age 16, we will promptly delete any personal information in that user’s Account.

IV. SECURITY

The Site and the Game have security measures in place to help protect against the loss, misuse, and alteration of the information that we obtain from you. We store your personal information on our servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to protect the security of such information. In addition, we restrict access to personal information to Super Evil employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and the Game. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us through the use of the Game or the Site and we make no assurances about our ability to prevent any such loss or misuse to you or to any third party. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk.

When you enter information, we encrypt the transmission of that information using secure socket layer technology (SSL). If you have any questions about the security of your personal information, you can contact us at privacy@superevilmegacorp.com.

V. WEBSITE AREAS BEYOND OUR CONTROL

A. Third Party Websites

The Site contains links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

B. Opt-Out Preferences

Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site or Game may be ineffective upon opt-out.

Access. You may access the data we hold about you at any time by contacting us directly.

Amend. You can also contact us to update or correct any inaccuracies in your personal data.

Move. Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.

Erase and forget. In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

You may contact us at privacy@superevilmegacorp.com or 400 1st Ave, San Mateo, CA, 94401, USA anytime for any other questions you may have about your personal data and our use of such personal data.

VI. SERVICE PROVIDERS

We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf, such as to fulfill product orders, collect billing information and process payments. While providing services for us, these companies may access your personal information.

To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures. Some of the pages within the Site utilize masking techniques to serve content to you from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third parties, and are doing so pursuant to the third party’s privacy policy.

VII. CONTACT INFORMATION AND POLICY UPDATES

A. Contacting Us

If you have any questions about this Policy, our practices regarding your personal information related to the Site or Game, or if you would like to have us remove your information from our database and deactivate your Account, please feel contact us at privacy@superevilmegacorp.com. Upon request Super Evil will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or amend it by emailing our Customer Support at privacy@superevilmegacorp.com, or by contacting us by postal mail at the contact information listed below. We will respond to your request to access within 30 days of receipt of the request. Please note that the deletion of your data will lead to the termination of your Account and applicable services.

B. Updates and Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

BY USING THE SITE AND/OR THE GAME, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR THE GAME.

C. Additional Policies

There are additional Super Evil legal policies that govern your use of the Site and the Game. Please take time to review and familiarize yourself with the Terms of Use.